Everyartist L3C (“Everyartist”) is registered as a Limited Liability Company under the laws of the State of Wyoming in the United States. Everyartist owns and operates Everyartist.me, a website that provides commercial services via the Internet, as well as the Everyartist App, a mobile application that facilitates interaction with Everyartist.me (collectively, the “Website”).

Everyartist provides its services to you (the “User”) subject to the following Terms and Conditions of Use (the “Terms”). Any User who interacts with the Website through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such User or a third party, is considered to be using the Site. If at any time any User does not accept the applicable Terms, such User must immediately stop using the Site.

The Terms may be updated and/or revised from time to time by Everyartist without notice to the User, and such Terms become effective when posted. It is the User's responsibility to regularly review the Terms to stay informed of any changes or revisions.

Part A: Applicable to All Users

The following provisions shall apply to all Users, including without limitation all those who register with the Website to coordinate the creation and submission of artwork to the Website (an “Event Leader”), each child whose artwork is submitted (an “Artist”), each parent or legal guardian of an Artist (a “Parent”), and all other visitors to the Website:

A-1. Prohibited Uses

Prohibited uses of the Website include without limitation the following:

User shall not copy, modify, or distribute for commercial purposes any text, graphics or other material or content available on this Website without prior written permission from Everyartist.

While using pages of the Website that provide Users with an opportunity to exchange ideas and information, User shall not upload, post, transmit, email, or otherwise distribute any material that may be unlawful, harmful, obscene, defamatory, libelous, hateful, threatening, damaging to software or hardware, or racially, ethically, or otherwise objectionable.

While using pages of the Website that provide Users with an opportunity to exchange ideas and information, User shall not upload, post, transmit, email or otherwise distribute any material that invades another's privacy or publicity rights, or that infringes on any party's trademark, copyright or other intellectual property rights.

User shall not impersonate any person or entity on the Website, including, without limitation Everyartist employees, Artists whose work is featured on the Website, or any Event Leader or Parent.

User shall not disguise the origin of any content transmitted to Everyartist or through the Website.

User shall not use the Website and Everyartist's services to harm minors in any way. Without limiting the foregoing, User specifically covenants and agrees that it will not transmit or post any content that violates child pornography laws, child sexual exploitation laws, obscenity laws, or any other law or regulation.

User shall not advertise or solicit on the pages of the Website without Everyartist's prior written permission.

User shall not provide any false or incomplete information in the name fields, address fields and any other fields provided on the Website.

User shall not transmit any unsolicited or unauthorized advertising, emails, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation to Everyartist or to Users through the Website.

User shall not copy any identifying information posted on the Website, either manually or through automated software programs, for the purposes of targeted marketing or solicitation.

A-2. Privacy Policy

User shall comply with Everyartist's Privacy Policy. The full Privacy Policy is available at everyartist.me

A-3. Third-Party Websites

User may obtain access to third-party websites through links on the Website, whether posted by Everyartist or another User. Everyartist is neither liable nor responsible for any content or information on third-party websites. Everyartist has no control over the owners or content of the third-party websites to which its Website links and therefore does not guarantee, represent or warrant that the content or links provided on such third-party websites is accurate, legal or appropriate for all viewers. Use of such third-party sites is subject to their respective terms & conditions of use.

USE OF EVERYARTIST'S WEBSITE IS AT THE USER'S SOLE RISK. THE WEBSITE AND ITS ASSOCIATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EVERYARTIST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

EVERYARTIST MAKES NO WARRANTY THAT THE WEBSITE OR ITS ASSOCIATED SERVICES WILL MEET THE USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. EVERYARTIST MAKES NO WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE USER THROUGH THE WEBSITE WILL MEET THE USER'S EXPECTATIONS, OR THAT ANY ERRORS ON THE WEBSITE OR IN THE WEBSITE'S SOFTWARE WILL BE CORRECTED.

MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE USER'S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ACCESSING OR DOWNLOADING ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM EVERYARTIST SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

A-5. Limitation of Liability

NEITHER EVERYARTIST NOR ANY OF ITS DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, VOLUNTEERS, AGENTS AND AFFILIATES SHALL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST REVENUE OR PROFITS) RESULTING FROM OR RELATING DIRECTLY OR INDIRECTLY TO EVERYARTIST AND/OR ANY USE OF THE WEBSITE.

A-6. Indemnification

User shall indemnify, defend, and hold Everyartist and its directors, managers, officers, employees, subsidiaries, volunteers, agents, and affiliates harmless from any liability to third parties, including reasonable legal fees, arising from or related directly or indirectly to User's breach of these Terms, or the violation of any statutory or common law or the breach of the rights of any third party.

A-7. Geography, Jurisdiction, and Severability

Users of the Website located outside of the United States acknowledge and agree that they access the Website at their own risk, and that such Users are solely responsible for complying with all local laws in force in the jurisdiction where they are located. Specifically, and without limitation, User shall comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which User resides.

These Terms shall be construed and enforced in accordance with the laws of the State of Wyoming in the United States. Any action to enforce these Terms shall be brought in a federal or state court located in the State of Wyoming having jurisdiction over such action, and all Users consent to personal jurisdiction and venue in such courts. If any provision of these Terms is held to be invalid or unenforceable by such courts, that provision shall be stricken and the remaining provisions shall remain in full force.

A-8. Copyright Claims

If any User believes that the User's work has been copied in any material appearing on the Website in a manner that constitutes copyright infringement, the User may submit a written notification to Everyartist's designated agent pursuant to the Digital Millennium Copyright Act (“DMCA”), as set forth in 17 U.S.C. Section 512(c)(3):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

An explicit identification of the copyrighted work(s) claimed to have been infringed.

An explicit identification of the allegedly infringing material that is to be removed from the Website, along with information reasonably sufficient to permit Everyartist to locate the material on the Website.

Information reasonably sufficient to permit Everyartist to contact the complaining party, including an address, telephone number, and email address at which the complaining party may be contacted.

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If a User elects to send Everyartist a counter notice after having been notified of a copyright claim submitted to Everyartist in accordance with the above, the User must submit a written communication to Everyartist's designated agent, as set forth in 17 U.S.C. Section 512(g)(3):

A physical or electronic signature of the Parent or legal guardian of the Artist whose artwork was removed from the Website as a result of a copyright claim.

An explicit identification of the material that has been removed and the location on the Website at which the material appeared before it was removed or access to it was disabled.

A statement under penalty of perjury that the Artist's Parent or legal guardian has a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed or disabled.

The submitting Parent or legal guardian's name, address, and telephone number, and, if the Parent or legal guardian's address is outside of the United States, a statement indicating that (i) the Parent or legal guardian consents to jurisdiction in the United States District Court for the Northern District of Illinois and (ii) will accept service of process from the complainant or its agent.

Users are counseled to consult their legal counsel regarding these requirements. The written notices above should be sent to Everyartist's designated agent as follows:

Everyartist may remove artwork, lesson plans, or any other material from the Website at any time without notice, and Everyartist will terminate User privileges in appropriate circumstances, including without limitation by terminating the User privileges of Users who are the subject of repeated copyright claims.

A-9. Artist Statements

Everyartist may enable its Artists, through Parents or Event Leaders, to submit an Artist statement for each piece of artwork submitted. Everyartist is not responsible for the content of Artist Statements, and Everyartist makes no warranties, express or implied, concerning such Artist Statements. In order for an Artist Statement to be submitted, an authorized User (Parent or Event Leader) must login and submit the Artist Statement on behalf of the Artist.

The Parent or Event Leader is solely responsible for all Artist Statement content approved for posting on the Website. Event Leaders and Parent shall ensure the Artist statement does not reveal personally identifiable information about the Artist, especially last names and contact information. Everyartist is neither liable nor responsible for any damages, direct or indirect, arising from any Artist Statement content posted to the Website.

Everyartist may remove any Artist Statement(s) from the Website at any time and in its sole discretion. Everyartist may permanently disable the Artist Statement feature for an Artist at any time and in its sole discretion.

A-10. Comments Left For Artists

Everyartist may enable its Website Users to leave comments for the Artists or Event Leaders in furtherance of its mission to celebrate and encourage creativity. Everyartist is not responsible for the content of comments submitted by Users, and Everyartist makes no warranties, express or implied, that every comment will be to the liking of other Users.

Everyartist may remove any comment(s) in its sole discretion and may permanently disable this feature at any time and in its sole discretion.

A-11. Ordering Custom Merchandise

Everyartist may offer Users a service to inscribe children's artwork on custom merchandise such as t-shirts, coffee mugs, and other items. When a User orders custom merchandise, the User may be asked to certify that the User is a Parent of the Artist associated with the artwork or that the User has Parental permission to order merchandise depicting that Artist's artwork. Everyartist relies on that certification, and presumes that the Parent has granted such permission.

Users shall not misrepresent themselves as a Parent or claim to have obtained Parental permission when the User has not done so. If a User misrepresents his or herself as a Parent or one with Parental permission, that User may be prohibited from further use of the Website and may also be subject to criminal prosecution as well as civil liability.

A-12. Sharing

Users may share the artwork on third party social media websites using functionality built into the Website. When a User shares artwork, the User may be asked to certify that the User is a Parent of the Artist associated with the artwork or that the User has Parental permission to share the Artist's artwork. Everyartist relies on that certification, and presumes that the Parent has granted such permission. Parent bears all risk associated with the sharing of artwork on third party social media websites.

Users shall not misrepresent themselves as a Parent or claim to have obtained Parental permission when the User has not done so. If a User misrepresents his or herself as a Parent or one with Parental permission, that User may be prohibited from further use of the Website and may also be subject to criminal prosecution as well as civil liability.

Part B: Applicable to Event Leaders

In addition to the provisions in Part A of these Terms, the following provisions shall apply to Event Leaders:

B-1. Registration

To register as an Event Leader with Everyartist, an Event Leader must be 18 years or older. Event Leaders that register and login to use the Website acknowledge and agree that they have received all necessary permissions to take such action, including without limitation the permission of school and school district administrators, organizations on whose behalf they are acting in taking the role of Event Leader, and parents or legal guardians of Artists.

The Event Leader agrees that the information provided to Everyartist upon registration and at all times thereafter will be true, accurate, current and complete. The Event Leader also agrees to ensure that all information provided to Everyartist is kept accurate and up to date at all times, including without limitation, the Event Leader's email address.

B-2. Event Leader Account, Password and Security

The Event Leader receives a username and password in order to access an Event Leader home page, where the Event Leader may submit artwork to Everyartist. The Event Leader shall maintain the confidentiality of the password and the account, and shall ensure that any associated email account is only accessible to the Event Leader. The Event Leader is solely responsible and liable for all activity that occurs by way of that password-protected account. The Event Leader expressly agrees to (a) immediately notify Everyartist of any breach of security relating to such account or to the personally identifiable information of any Artist, and (b) ensure that the Event Leader properly logs out of the account at the end of each session. Everyartist is not liable for any direct or indirect loss or damage resulting from the Event Leader's failure to comply with this Section.

B-3. Content Submitted by Event Leaders

The Event Leader shall obtain any necessary approvals before showcasing the artwork of any Artist on the Website. For all artwork posted to the Website, the Event Leader shall be able to verify that the Parent has given consent for the Event Leader to post limited personal information of an Artist, as set forth in the Privacy Policy. Under no circumstances will Everyartist be liable for the Event Leader's failure to obtain the necessary permissions.

The Event Leader shall verify the quality and substance of each external link that he or she posts. Everyartist will not be held responsible for any links created by an Event Leader registered with Everyartist.

B-4. Uploading Artwork to the Website:

The Event Leader shall not submit artwork or other material that is unsuitable for viewing by children; including without limitation artwork that is sexually explicit, or that depicts nudity or violence.

The Event Leader shall not submit artwork or other material that depicts or contains copyrighted materials or trademarks owned by others, including without limitation company or product logos, copyrighted cartoon characters or other material that could infringe on the intellectual property rights of third parties.

The Event Leader shall not submit artwork or other material that contains photographs of children under 18 years old, including the Artist.

The Event Leader shall not submit artwork or other material that displays the Artist's last name anywhere on the artwork. It is the Event Leader's responsibility to ensure that only the first name is added in the first name field, during submission of the artwork. Everyartist is not liable or responsible for Teachers entering last names or any other personally identifiable information in the first name field.

The Event Leader is solely responsible for reviewing all artwork and other material prior to submission to ensure that it meets the requirements of this Section. Everyartist is not liable or responsible for artwork or other material submitted by an Event Leader that fails to meet these requirements.

Everyartist reserves the right to refuse any artwork that is submitted for display on the Website for any reason and in its sole discretion. In all cases, Everyartist's decision shall be final.

B-5. Security

Each Artist within the Event Leader-created roster is assigned a security key. This security key is required for the Artist's Parent to officially register with the Website as the Parent. It is the Event Leader's responsibility to only share the security key with the Parent of the Artist.

B-6. Submission of Lesson Plans

Everyartist may enable its Event Leaders, to submit lesson plans. Everyartist is not responsible for the content of lesson plans, and Everyartist makes no warranties, express or implied, concerning such lesson plans.

The Event Leader is solely responsible for all lesson plan content posted on the Website. Event Leaders shall not submit lesson plans that contain copyrighted materials or trademarks owned by others, including material that could infringe on the intellectual property rights of third parties. Everyartist is neither liable nor responsible for any damages, direct or indirect, arising from any lesson plan content posted to the Website.

Everyartist may remove any lesson plan from the Website at any time and in its sole discretion. Everyartist may permanently disable the lesson plan feature for an Event Leader at any time and in its sole discretion.

B-7. Licensing of Lesson Plans

Event Leaders retain ownership of their lesson plans. However, by submitting a lesson plan, the Event Leader grants to Everyartist on behalf of themselves and any sponsoring organization that has rights to lesson plan the irrevocable, royalty-free, assignable, sub-licensable right and license to use, re-use, copy, publish, republish in whole or part, edit, add to, modify, and rearrange submitted lesson plans on or in connection with any other media throughout the world, including without limitation the Website.

B-8. Student Event Leader

If approved in writing by Everyartist, certain sponsoring organizations may designate a 16 or 17 year old student to act as an Event Leader (“Student Event Leader”). All requirements (other than the minimum age requirement) pertaining to Event Leaders are equally applicable to Student Event Leaders. The Student Event Leader shall work under the supervision of the sponsoring organization to ensure that compliance with the requirements pertaining to Event Leaders are met. Everyartist is not responsible for the Student Event Leader's failure to comply with the requirements set forth herein. The sponsoring organization bears the risk associated with the designation of a Student Event Leader, including without limitation the risk associated with the Student Event Leader's failure to comply with the requirements set forth herein.

Part C: Applicable to Parents

In addition to the provisions of Part A of these Terms, the following provisions shall apply to Parents:

C-1. Registration

The Parent covenants and agrees that the information provided upon registration and at all times thereafter will be true, accurate, current and complete. The Parent also agrees to ensure that this information is kept accurate and up to date at all times. In addition, by completing registration, Parent authorizes Event Leaders to submit artwork and perform related activities on Everyartist on behalf of the Artist.

C-2. Parent Account, Password and Security

Upon registration, the Parent creates an account and designates an email account for correspondence with Everyartist. The Parent shall take precaution to ensure that this account and email address are only accessible by Parent. The Parent is solely responsible for all activities that occur using their account. The Parent expressly agrees to (a) immediately notify Everyartist of any breach of security relating to such account or to any child's personally identifiable information, and (b) ensure that the Parent properly logs out from the account at the end of each session. Everyartist is not liable for any direct or indirect loss or damage resulting from the Parent's failure to comply with this section.

C-3. Viewing and Accessing Artwork

The Parent may request that any or all of their child's artwork be removed from the Website at any time. Everyartist will remove any artwork of the Parent's child within 14 days after receiving the Parent’s written request for removal. However, Everyartist reserves the right to continue to display the child’s artwork in any materials that Everyartist had prepared before the request was received.

C-4. Licensing Artwork

Artist retains ownership of artwork. By registering as a Parent of an Artist, the Parent, on behalf of both the Parent and the Artist, grants Everyartist a perpetual, irrevocable, royalty-free, assignable, sub-licensable right and license to use, re-use, copy, publish, republish in whole or part, edit, and add to the Artist's artwork solely in connection with:

facilitating the sharing of artwork on third party websites (as set forth in section A-12)

PRIVACY POLICY

Everyartist L3C (“Everyartist”) respects User (as defined in the Terms and Conditions) concerns about privacy and values its relationship with Users. This Privacy Policy (“Policy”) describes the types of information Everyartist collects through its mobile Applications, web sites, and their respective interactive features, applications, widgets, blogs and contents whether accessed via computer, mobile device or other technology (collectively, the “Website”). The Policy describes how that information may be used and/or with whom it may be shared.

By using the Website you are acknowledging that you understand and agree to the terms of this Policy.

1. Information Provided to Everyartist

The information Users provide to Everyartist through the Website is used to provide the services that the User requests and to process and complete any related transactions, to request feedback and to otherwise contact you about your account or your use of the Services, to personalize and improve the Services and users' experiences, to deliver content that matches user profiles or interests, to monitor and analyze Services usage and trends and otherwise measure the effectiveness of the Services, and to detect and prevent fraud.

The information Users provide to Everyartist is solely for Everartist's internal business use. We do not sell or distribute this information to anyone. The data in Everyartist's databases is protected against unauthorized access through state-of-the-art security procedures and software.

Everyartist may disclose personal information if it believes, in good faith, that such disclosure is necessary to comply with a legal obligation, to enforce or apply the Terms and Conditions of Use, or to protect the property, rights, safety, or security of Everyartist, its Users or others.

Everyartist may share non-personal information, such as aggregate statistics about visitors, traffic patterns, User demographics, electronic postcard usage and related site information with third parties, but these statistics do not include any personally identifiable information.

2. Information Provided By Event Leaders

Any Event Leader (as defined in the Terms and Conditions) is required to register on the Website. The information provided during the registration process is to create a collection of artwork relating to an event on the Website, which may list the Event Leader name, the name of the Event Leader's associated organization (if any), and the location of the event. Because this limited personal information about Event Leaders may be publicly accessible to all Users of the Website, such information could be collected, used, and disclosed by others. Everyartist does not display Event Leader email addresses on the Website.

3. Information Provided By Parents

Any Parent (as defined in the Terms and Conditions) whose child's artwork is displayed on Everyartist is required to register on the Website. The information provided during registration is used to communicate with the Parent and to create a collection of artwork associated with the Parent's Artist(s). Because the information the Parent types in the first name field textbox when registering is posted on the Website and is publicly accessible to all users of the Website, that information could be collected, used, and disclosed by others. Everyartist does not display Parent last names, email addresses, or physical addresses on the Website.

4. Personally Identifiable Information About Artists

Everyartist protects the identity of the Artists showcasing their work on the Website. Artists will be identified only by general information such as their first name, their last initial, their Event Leader, the place where the event was held that led to the submission of the artwork, and/or the city in which the Artist lives. Everyartist does not collect any more information from minors than is absolutely necessary.

Anyone submitting artwork to the Website is directed to only type the first name of the Artist into the first name field when submitting artwork. Event Leaders and Parents are to remove, erase or cover any appearance of the Artist's last name on the artwork and/or digital images of artwork itself before submitting it to the Website.

5. Information Posted Publicly by Users on Everyartist

Users should be aware that the information that they post is accessible to other Users of the Website and could be collected, used, and disclosed by others. Everyartist forbids Users from posting personally identifiable information about any minor in a comment or otherwise. However, Everyartist is not responsible for the collection, use, or disclosure of any information provided by Website Users.

6. Choice/Opt-Out

Everyartist provides Users with the opportunity to opt-out of receiving any future communications from Everyartist at any time. If a User wants to remove their information from the Website and not receive future communications, please contact Everyartist at info@everyartist.me

7. Additional Information

Users can obtain more information about Everyartist's privacy policy by contacting info@everyartist.me or by sending mail to:

Everyartist L3CAttn: Customer ServiceP.O. Box 11989Jackson, WY 83002

Frequently Asked Questions

Do I need to upload all of my artwork at once?No. You can log back in with your password and add (or delete) images from your gallery at any time.

Do I have to upload my images on the specific event day?No, you don't. We'll keep the gallery available so you can upload the images after the event.

Do I have to do my uploading from school?No. You can upload from any device (computer, tablet or smartphone) with an Internet connection. We recommend uploading from places with a strong connection so the uploading process goes faster.

What format do my images need to be in?Our website accepts JPGs (most digital photos are formatted this way) or PNG files. Each image can be up to 5MB (megabytes).

Will my gallery be publicly viewable?Yes. All images in all galleries on the site are publicly viewable. If you don't want a specific picture to be seen in public, we recommend you omit uploading it.

How do I find my gallery and uploaded artwork?Galleries are searchable by gallery name so pick a name that makes finding your gallery easy for yourself and others. Unfortunately, we cannot search by individual artist names at this time.

Will each kid be able to find their own artwork?Yes, it will be presented in galleries. However, we will not be able to append artist names to individual pieces of work, so if you want your kids to see their names on the art, they will have to write their names on the pieces themselves in a way that's large enough to be seen in the photographs of the artwork you upload.

What if I try to log back in and forget my password?Don't worry, there's a password retrieval function on the site.

What if I find objectionable images on the site?Please notify us at info@everyartist.me and we’ll investigate the matter promptly.

What will you do with the artwork I upload?The artwork will be presented on this gallery and may be used in future marketing and promotional materials designed to help promote Everyartist and our mission to Spark Creativity. You can read our Terms of Service and Privacy Policy for more details.